1988-06
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.~ .
, RESOLUTION NE-88-06
8 A RESOLUTION OF NEW ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS, APPROVING
A MINOR USE PERMIT, DESIGN REVIEW, SIGN PLAN PERMIT
AND ENVIRONMENTAL ASSESSMENT TO ALLOW
FOR AN AUTOMOTIVE SERVICE FACILITY AND RESTAURANT
WITH A DRIVE THROUGH WINDOW
LOCATED AT 219/221/225 NORTH EL CAMINO REAL
(CASE NUMBER 88-102 MIN/DR/SIGN/EIA)
WHEREAS, a request for consideration of a Minor Use
Permit, Design Review, Sign Plan Permit and Environmental
Assessment was filed by Robert Scarbarth, Speedy Lube, Inc.,
and Mikal Inc., to allow for an automotive service facility,
and a restaurant with a drive through window, pursuant to
Chapters 23 and 30 of the City of Encinitas Municipal/Zoning
Codes, for the property located at 219/221/and 225 North EI
Camino Real , legally described as;
8
See Attachment "A"
WHEREAS, a public hearing was conducted on the application
on August 16, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated May 12, July 14, and August
11, 1988;
2. The proposed General Plan, Local Coastal Program,
Zoning Code and maps;
3. Oral evidence submitted at the hearing; and
e BF/03jCRO5-113wp 1(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
Page 1 of 15
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4. Written evidence submitted at the hearing.
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WHEREAS, the New Encinitas Community Advisory Board made
8 the following findings pursuant to the Municipal/Zoning
Code:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas
community Advisory Board of the City of Encinitas that
application 88-102 MIN/DR/SIGN/EIA is hereby approved
subject to the following conditions:
See Attachment "c"
BE IT FURTHER RESOLVED by the New Encinitas
Community Advisory Board of the City of Encinitas that this
proj ect will not have a significant effect on the environment
8 and a negative declaration is hereby certified, pursuant to the
California Environmental Quality Act (CEQA).
. BFj03jCRO5-113wp 2(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
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t.
PASSED AND ADOPTED this 16th day of August, 1988, by the
8 following vote, to wit:
AYES: Barton, Bagg, Colgan, Quinn
NAYS: None
ABSENT: Razovsky
ABSTAIN:
ATTEST:
~ ~ LU -». / ~ CA---
Bill Weedman
Senior Planner
8
. BF/03/CRO5-113wp 3(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
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ATTACHMENT A
PARCEL A
8 All that portion of the southwest quarter of the southeast
quarter of section 11, Township 13 south, Range 4 west, San
Bernardino Meridian in the County of San Diego, State of
California, more fully described as follows:
Beginning at the southeast corner of the southwest
quarter of the southeast quarter of said section 11
as shown on record of Survey Map No. 9245, filed in
the office of the County Recorder of San Diego County
January 27, 1983; thence along the easterly line
thereof north 0°46'39" east, 121.01 feet to the true
point of beginning; thence 89°13'21" west, 140.98
feet; thence south 74°27'04" west, 37.59 feet to the
easterly line of that land described in deed to the
County of San Diego, recorded August 19, 1968 as
file/page no. 141641 of official records; thence
along the easterly boundary of said County of San
Diego land, north 15°32'56" west, 117.18 feet to the
north line of the north 3/4 acres of the south 2.25
acres of that certain parcel of land described in
Exhibit "A" of deed to Robert C. Scharbarth recorded
September 12, 1974 as file/page no. 74-246406 in book
1974 of official records; thence along said easterly
line; thence along said easterly line south 0°46'39"
west 101.00 feet to the true point of beginning.
8 Excepting therefrom any portion thereof lying
easterly of the westerly line of Map 9497.
Parcel B
All that portion of the southwest quarter of the southeast
quarter of Section 11, Township 13 south, Range 4 west, San
Bernardino Meridian, in the County of San Diego, State of
California, more fully described as follows:
Beginning at the southeast corner of the southwest
quarter of the southeast quarter of said section 11
as shown on record of Survey Map No. 9245, filed in
the office of the County Recorder of San Diego County
January 27, 1983; thence along the easterly line
thereof north 0°46'39" east, 121.01 feet; thence
north 89°13'21" west, 140.98 feet; thence south
74°27'04" west, 37.59 feet to the easterly line of
that land described in deed to the County of San
Diego, recorded August 19, 1968 as file/page no.
141641 of official records; thence along the easterly
boundary of said County of San Diego land south
15°32'56" east, 113.93 feet to the southerly line of
said Section 11 as shown of said record of survey map
8 BF/03/CRO5-113Wp 4(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
Page 4 of 15
no. 9245; thence along said southerly line south
88°47'08" east 145.03 feet to the point of beginning.
8 Excepting therefrom any portion thereof lying
easterly of the westerly boundary line of map 9497.
8
8 BFj03jCRO5-113wp 5(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
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ATTACHMENT liB"
Findings For Design Review
8 (Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
A. The project design is consistent with the
General Plan, a Specific Plan or the provisions of this
Code.
Evidence to Consider:
The proposed commercial development is consistent with the
present C-36 Zoning, the #13 General Commercial
designation of the present General Plan and the General
Commercial designation of the Land Use Policy Map of the
City's Draft General Plan.
B. The proj ect design is substantially consistent
with the Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views enjoyed by
nearby properties to the full extent practical, reflects
an acceptable level of design appearance, takes into
consideration the privacy needs of the abutting
8 residential area, incorporates significant landscaping
into proj ect, and otherwise substantially conforms with
the City's adopted design criteria.
C. The project will not adversely affect the health,
safety or general welfare of the community.
Evidence to Consider:
The applicant has submitted noise and traffic studies
which show that there will be no significant impacts
created by the proposed project.
D. The project will not tend to cause the
surrounding neighborhood to depreciate materially in
appearance or value.
Evidence to Consider:
The proposal reflects an acceptable level of design
appearance and thus will not be materially detrimental to
surrounding properties.
E. That the project is compatible in structural
size (bulk and mass) to adjacent properties and
8 neighborhood;
BF/O3/CRO5-113wp 6(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
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F. There is reasonable probability that the land
use and design proposed will be consistent with the
8 General Plan proposal being considered or studies since
the proposed General Plan is consistent with the currently
adopted General Plan.
G. There is little or no probability of substantial
detriment to or interference with the future adopted
General Plan if the proposed design is ultimately
inconsistent with the plan, since the project is allowed
by the proposed General Plan.
8
8 BF/03/CRO5-113wp 7(8-24-88-1)
CASE NO. 88-102 MIN/DR/SIGN/EIA
Page 7 of 15
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Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
8 1. The location, size, design or operating characteristics of
the proposed project are incompatible with or adversely
affect or may be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources,
with consideration given to, but not limited to:
(a) The inadequacy of public facilities, services and
utilities to serve the proposed project;
(b) The unsuitability of the site for the type and
intensity of use or development which is proposed;
and
(c) The harmful effect, if any, upon environmental
quality and natural resources of the city; or
Evidence to Consider:
The Board found that there are sufficient public
facilities, services and utilities to serve the project as
they are available to the proposed site; the suitability
of the site for the type and intensity of use or
development which is proposed, since it is presently a
commercial zone and the abutting parcels along EI Camino
Real are developed with commercial uses; and that a
Negative Declaration was prepared for the proj ect which
8 found that the proposed project would not effect or
significantly impact the environmental quality or natural
resources of the City.
2. The impacts of the proposed project will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; and
Evidence to Consider:
The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan
or the provisions of this code, since it is proposed to be
constructed to match the existing commercial structures in
the area, it will be adequately landscaped, and it will be
solely for the uses as proposed.
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
The proposed project appears to comply with and will
adhere to all other applicable City codes as represented
by the submitted plans which have been reviewed by the
City and found to be in compliance; no standard or
8 criteria has been waived.
BFj03jCRO5-113wp 8(8-24-88-1)
CASE NO. 88-102 MIN/DR/SIGN/EIA
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ATTACHMENT "c"
1. SPECIFIC CONDITIONS:
8 That the applicant record with the County Recorder an
amended relinquishment of access rights to show
conformance with the proposed site plan.
2. GENERAL CONDITIONS
A. This approval will expire on August 16, 1989, after
the approval of this project unless the conditions
have been met or an extension has been approved by
the Authorized Agency.
B. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
C. At all times during the effective period of this
permit, the applicant shall obtain and maintain in
valid force and effect, each and every license and
permit required by a governmental agency for the
operation of the authorized activity;
D. At no time during the effective period of this
permit shall the applicant be delinquent in the
payment of taxes or other lawful assessments
relating to the property which is the subject of
8 this permit;
E. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
shall cause a noticed hearing to be sent before the
authorized agency to determine why the City of
Encinitas should not revoke this permit;
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit;
G. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
to the activity authorized by this permit;
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit; and
1. Approval of this request shall not waive compliance
with any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at the
8 time of Building Permit issuance.
BF/03/CRO5-113wp 9(8-24-88-1)
CASE NO. 88-102 MIN/DR/SIGN/EIA
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J. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
8 Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and
ordinances in effect at the time of building permit
issuance.
K. This approval shall become null and void if building
permits are not issued for this project within one
year from the date of project approval.
M. Project is approved as submitted and shall not be
altered without authorized agency review and
approval.
APPLICANT SHALL CONTACT TIlE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans on file in the community
Development Department and the conditions contained
herein.
B. Revised site plans and building elevations
incorporating all conditions of approval shall be
8 submitted to and found to be satisfactory by the
Planning and Community Development Department prior
to issuance of building permits.
C. Mail boxes, shall be installed and located by the
developer subject to approval by the authorized
agency pursuant to Design Review unless written
information is provided by the post office to state
otherwise.
D. Trash receptacle shall be enclosed by 6 foot high
decorative masonry wall with view-obstructing gates.
Design and location shall be subject to review and
approval by the authorized agent.
E. All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adjacent properties and
streets as required and approved by the authorized
agent.
F. Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community
8 Development.
BF/03/CRO5-113wp 10(8-24-88-1) CASE NO.
88-102 MIN/DR/SIGN/EIA
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G. For a new commercial or industrial development, or
addition to an existing development, the applicant
8 shall pay development fees at the established rate.
Such fees may include, but not be limited to: Permit
and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Fees, Drainage Fees and Park
Fees. These fees shall be paid prior to building
permit issuance or final occupancy pursuant to stated
policies and the municipal code.
H. Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color
of identification and/or addresses shall contrast
with their background color.
1. Building elevations materials and color are approved
as submitted and as on file in the Planning and
Community Development Department.
J. Applicant shall submit to the Planning and community
Development Department a security construction plan
for review and approval. Said Plan shall identify
any temporary fencing, temporary parking and
circulation, project access and the like.
K. Revised elevations reflecting required modifications
shall be submitted to the Community Development
. Department prior to submittal for plan check.
L. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
M. That a plan be submitted for approval by the Director
of Planning and Community Development and the
Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
and the circulation and parking of construction
workers' vehicles and any heavy equipment needed for
the construction of the project.
4. PARKING AND VEHICULAR ACCESS
A. Parking lot layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
B. Parking lot lights shall be low pressure sodium,
shielded and have a maximum height of eighteen (18)
feet from the finished grade of the parking surface
and be directed away from all property lines,
adjacent streets and residences.
8 BF/03jCRO5-113wp 11(8-24-88-1)
CASE NO. 88-102 MIN/DR/SIGN/EIA
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C. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
8 D. Parking area shall be screened from adjacent
properties and/or public view with a combination of a
decorative wall and landscaping. Said screening
shall be reviewed and approved by the community
Advisory Board.
E. Whenever 6 or more cars are in line at the drive-thru
location, the restaurant management shall assign an
employee to monitor and direct traffic in the parking
lot. The purpose of the traffic management plan is
to assure that traffic will not stack in the public
right-of-way. At no time shall an employee of a
tenant at the project direct traffic in the public
rights-of-way.
5. LANDSCAPING
A. A detailed landscape and irrigation plan shall be
submitted to and approved by the Community
Development Department prior to the issuance of
building permits. Such plans shall be in substantial
compliance with or exceed plans approved by the New
Encinitas Community Advisory Board.
8 B. The landscape plan shall meet the standards of the
Zoning Ordinance, Grading Ordinance and off street
Parking Design Manual.
C. All required plantings shall be in place prior to use
or occupancy of new buildings or structures. All
required plantings shall be maintained in good
growing conditions, and whenever necessary, shall be
replaced with new plant materials to ensure continued
compliance with applicable landscaping, buffering,
and screening requirements. All landscaping shall
be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely
affect adjacent properties.
D. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
E. Landscaping shall be maintained in such a way so view
corridors are not blocked.
6. SIGNS
A. Any signs proposed for this development shall be
designed and approved in conformance with the sign
8 BF/03/CRO5-113wp 12(8-24-88-1)
CASE NO. 88-102 MIN/DR/SIGN/EIA
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Ordinance and the approved sign program approved by
the New Encinitas community Advisory Board.
8 B. A comprehensive Sign Program for this development
shall be submitted to the Community Development
Department or Community Advisory Board for their
review and approval prior to issuance of building
permits. The "Speedy Lube" monument sign shall not
exceed 100 square feet; the signs on the face of the
"Speedy Lube" buildings shall not exceed 60 square
ft. for each building, or a total of 120 square feet.
C. Signs are approved as submitted.
7. GRADING
A. Grading of the subject property shall be in
accordance with the Grading Ordinance.
B. A soils/geological/hydraulic report shall be prepared
by a qualified engineer licensed by the State of
California to perform such work prior to building
permit issuance or at first submittal of a grading
plan.
C. The final grading plan shall be subject to review
and approval by the Public Works Department and shall
be completed prior issuance of building permit.
8 8. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or conditions
affecting the property in question; and that such
modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity per Municipal
Codes.
A. All Circulation Element roads shall be dedicated and
improved to Circulation Element road standards and to
the specifications of the Director of Public Works.
B. Vehicular access rights to Circulation Element roads
shall be dedicated to the City of Encinitas and
labeled on the final map to the satisfaction of the
Director of Public Works or by separate document.
C. Reciprocal access and maintenance and/or agreements
shall be provided ensuring access to all parcels over
private roads, drives or parking areas and
.
BF/03jCRO5-113wp 13(8-24-88-1) CASE NO. 88-102 MIN/DR/SIGN/EIA
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. maintenance thereof to the satisfaction of the
Director of Public Works.
8 D. street improvements that include, but are not limited
to:
a. Sidewalks f. Cross gutter
X b. Driveways g. Alley gutter
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c. Wheel chair ramps h. street paving
d. Curb and gutter i. Alley paving
e. street signs j. street lights
k. Pavement
markers
shall be completed prior to the occupancy of the
units to the satisfaction of the Director of Public
of Public Works for El Camino Real.
E. All damaged off-site public works facilities,
including parkway trees, shall be repaired or
replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department
of Public Works. There shall be a limit of two curb
cuts serving the project, the third curb cut shall be
removed.
F. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
8 shall be obtained from the Public Works office and
appropriate fees paid, in addition to any other
permits required.
G. The developer shall pay the Traffic Mitigation Fee at
the established rate at the date the final inspection
or the date the certificate of occupancy is issued,
whichever occurs later.
H. Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation
of an assessment district to fund the installation of
right-of-way improvements, including traffic signals
where appropriate.
9. DRAINAGE AND FLOOD CONTROL
A. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the Director
of Public Works to properly handle the drainage.
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CASE NO. 88-102 MIN/DR/SIGN/EIA
Page 14 of 15
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. B. Portland cement concrete gutters shall be
. cross
installed where water crosses the roadways.
. C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10. UTILITIES
A. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
B. Utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
C. Water, sewer, and fire protection systems plans shall
be designed and constructed to meet requirements of
the City of Encinitas, Fire District, Appropriate
Agency and the Health Department of the County of
San Diego.
D. Prior to acceptance of property for sewer service (if
applicable), annexation to the sewer improvement area
shall occur.
.
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